LLM Bar Exam, LLC v. Barbri, Inc.

922 F.3d 136 (2019) United States Court of Appeals for the Second Circuit 2019-04-25

civil; bar-review company for foreign LL.M. students sued a rival bar-review company and law schools under ยงยง 1 and 2 and RICO, alleging a conspiracy to exclude it from law school campuses; district court dismissed the complaint under Rule 12(b)(6); CA2 affirmed per curiam, adopting the district court's reasoning (result: claimant-lost)

Facts

  1. 1 Concerted action ("contract, combination ... or conspiracy") between separate economic decisionmakers not pleaded
    At various times between 2010 and 2016, LBE was banned from campus or otherwise prevented from "tabling, advertising, renting classrooms and selling its product to Foreign LL.M. Students" by all the defendant law schools.
  2. 1 Concerted action ("contract, combination ... or conspiracy") between separate economic decisionmakers not pleaded
    LBE alleges some of the schools decided to suspend LBE from campus "without any reason or explanation," id . at 20; see also id . at 45, 49, and other schools banned LBE due to the interference and negative comments of a Barbri representative.
  3. 1 Concerted action ("contract, combination ... or conspiracy") between separate economic decisionmakers not pleaded
    Other allegations and the exhibits attached to the FAC suggest, however, that the law schools took action against LBE when administrators became concerned in response to a variety of complaints from students.
  4. 1 Concerted action ("contract, combination ... or conspiracy") between separate economic decisionmakers not pleaded
    "To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face."
  5. 1 Concerted action ("contract, combination ... or conspiracy") between separate economic decisionmakers not pleaded
    Upon review, we conclude that the District Court properly granted Defendants-Appellees' motion to dismiss because the FAC does not state a plausible claim to relief. We therefore adopt the District Court's discussion in all respects.
  6. 1 Concerted action ("contract, combination ... or conspiracy") between separate economic decisionmakers not pleaded
    As the District Court noted, the FAC does not indicate whether the alleged agreements between Barbri and the law schools are oral or written.